Many families choose to have one parent stay at home to care for the family while the other works to earn money. For many, this works well, but it can cause problems for stay-at-home parents during a divorce. There are steps you can take to protect your rights and income if you are facing divorce.
Stay-at-home Parents Face Unique Challenges in Divorce
As a stay-at-home parent, you are likely to face different challenges that working parents will not. While these can make your divorce more stressful, they are not always insurmountable. According to recent data, more than 3% of Texas families have a stay-at-home parent.
Financial Insecurity
More stay-at-home parents are working from home or remote jobs, but many still focus on taking care of the family at home. The value of the work produced by a stay-at-home parent is undeniable, a recent Forbes article estimates it to be between $3k-$4k per month.
However, saving money for your family is not the same as earning income. Losing financial support suddenly and not knowing about spousal support can make divorce very hard.
Re-entering the Workforce
Many stay-at-home moms feel doubt and worry about going back to work after spending years caring for their family and home. It can be difficult to sell yourself and the skill you used while managing a home, and employers may look at the gap in your resume unfavorably.
However, this can be an opportunity to develop new skills or brush up on old ones. You can speak with Terry and Roberts to see if you may be able to account for these vocational or educational needs in a spousal maintenance order.
The value of the work produced by a stay-at-home parent is undeniable, with estimates putting it between $3,000–$4,000 per month.
You Have the Same Rights as a Working Parent
When it comes to child custody or property division, a stay-at-home parent has the same rights as their working counterpart. Texas divorce courts tend to prioritize a fair and just distribution or assets, which does not always mean 50/50. When your marriage ends, the goal is to try and have each person walk away with a similarly clear slate.
Community vs. Separate Property in Texas Divorces
A significant consideration in most divorces is that of property rights, and identifying communal or marital property vs individual property. Generally speaking, most of the assets you accrue during the marriage are considered communal with a few exceptions. Marital property is in the pool for what is to be divided in a divorce.
Non-Financial Contributions Still Matter in Property Division
Many stay-at-home parents worry that they will have to walk away with nothing because their partner is the one who physically provides. However, it is crucial to remember that your domestic support has value. Outsourcing your labor often means paying over $1,000 per month.
Without your help at home, it is unlikely your partner could keep the same lifestyle or do as well at work. These are valid means of contribution that should be considered during a divorce.
You May Be Eligible for Spousal Maintenance as a Stay-at-Home Parent
Spousal maintenance is a common discussion in divorce cases, especially when one parent stays at home. Many stay-at-home parents have given up career growth and start the divorce at a disadvantage compared to their spouse or others who work.
Spousal maintenance is meant to help both people start off more equal. Stay-at-home parents often have the hardest time adjusting and need more help to get there.
As part of your divorce, your soon-to-be ex-spouse may have to provide spousal support to help you finish a college degree, complete a job training program, or learn new skills. This support can help you earn money and become financially independent in the future.
Spousal maintenance is meant to help both people start off more equal. Stay-at-home parents often have the hardest time adjusting and need more help to get there.
Education, Training, and Career Development Considerations
This decision is often based on how much career growth you gave up or what you need to catch up if your skills are out of date. The court will also look at whether you chose not to work when you could have, or if it was a choice that you and your spouse made together.
For example, a parent who stays home to save money on child care will usually get different support than someone who chose not to work, even if they did not have kids or both incomes were needed.
Protecting Retirement Accounts and Long-Term Financial Security
If you have been staying-at-home to allow your spouse the opportunity to invest in their career, you may do so trusting that their retirement contributions are meant to support both of you long-term as well. When you divorce, this security may be called into question. In many cases, the retirement account is considered marital property, and you should receive a portion of the funds, or the balance should be considered in a support order.
Negotiating a Fair Divorce Settlement as a Stay-at-Home Parent
If you have been a stay-at-home parent, you may be seriously concerned about what will happen in your divorce. When in doubt, document what happened. When you know where you’re coming from and what to expect afterwards, you can better fight for what you need. This often includes:
- Collecting tax and financial information for at least the past year
- Tracking what you do to support the family
- Taking inventory of individual and marital property
- Creating an anticipated budget for a single person household
- Begin investigating what your career opportunities may look like and what you need to earn enough
It is easy to worry about whether you have the money or resources to protect yourself and your rights. The best way to make sure you get what you deserve is to talk with a lawyer who knows how these cases work.
In many divorce cases for stay-at-home parents, attorney fees can come from marital funds. This means you may not have to stress about finding the money to hire a skilled lawyer to represent you. Contact a skilled Brazoria family law lawyer at Terry & Roberts to protect your rights.